Motion For Pro Hac Vice Admission

• Category: Civil Procedure - Motions - Samples
• State: Multi-State
• Control #: US-PI-0
• Format: Word; Rich Text

Description

This motion requests permission from the Court for an out-of-state attorney to appear and serve as counsel pro hac vice in a particular cause of action.

Motion for pro HAC vice admission is a legal procedure that allows an out-of-state lawyer who is not licensed in a particular jurisdiction to represent a client on a specific case in that jurisdiction. This motion requests permission from the court to admit the attorney pro HAC vice, which means "for this particular occasion" in Latin. Pro HAC vice admission is commonly sought when a lawyer wants to provide legal representation on a single case and does not intend to establish a permanent presence in that jurisdiction. This motion is crucial because practicing law without proper licensing is considered unauthorized practice of law and is prohibited in most jurisdictions. To file a motion for pro HAC vice admission, certain requirements and procedures need to be fulfilled. These may vary slightly depending on the jurisdiction, but the general process typically involves the following steps: 1. Determining eligibility: The attorney needs to confirm that they are licensed and in good standing with the bar association in their home jurisdiction. They must also ensure they meet any additional requirements set by the jurisdiction where they are seeking admission. 2. Retaining local counsel: In most cases, the attorney seeking pro HAC vice admission must associate with a local attorney who is admitted to practice in the jurisdiction. This local counsel will assist with the case and serve as a point of contact for the court and opposing counsel. 3. Filing the motion: The attorney, usually through their local counsel, files a motion with the court requesting permission for pro HAC vice admission. The motion must include various details such as the attorney's background, their intention to practice on a specific case, and their association with local counsel. 4. Paying fees: Most jurisdictions require the payment of certain fees when filing a motion for pro HAC vice admission. These fees contribute to administrative costs and are typically non-refundable. 5. Supporting documents: The attorney must provide additional documents, such as a certificate of good standing from their home bar association, a copy of the attorney-client agreement for the specific case, and a sworn statement affirming their compliance with local ethical rules. After filing the motion, the court reviews the application and makes a decision based on various factors, including the attorney's eligibility, the nature of the case, and the necessity of their involvement. Courts may grant or deny the motion, impose conditions, or request further information. It is essential to note that different types of pro HAC vice admission motions may exist, depending on the jurisdiction. Some jurisdictions may have specific procedures for civil cases, criminal cases, or administrative proceedings. It is crucial for attorneys to research and comply with the specific requirements set by the jurisdiction where they seek pro HAC vice admission. Pro HAC vice admission allows attorneys to provide valuable legal representation in unfamiliar jurisdictions, ensuring access to justice for their clients. By adhering to the necessary procedures and requirements, attorneys can ethically and effectively extend their legal services beyond their home jurisdictions.